Terms of service

 

General Terms and Conditions

 

CONTENTS

Article 1  - Definitions                                                                      

Article 2  - GSP’s identity                                  

Article 3  - Applicability

Article 4  - User registration                                                                            

Article 5  - Products                                                          

Article 6  - Purchases and payment                                                              

Article 7  - Right of withdrawal                                                       

Article 8  - Customer’s obligations during the reflection period                                             

Article 9  - Exercising the Customer’s right of withdrawal and the costs              

Article 10 - GSP’s obligation in case of withdrawal

Article 11 - Delivery and execution

Article 12 - Term and termination                                  

Article 13 - Complaints procedure

Article 14 – Limitation of liability                    

Article 15 - Disputes                                                                         

Article 16 - Additional or varying provisions                

Article 17 - Amendment to the General Terms and Conditions

            

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Customer: the natural person, who does not act for purposes related to his/her commercial, trade, craft or professional activities, and is a client of the Webshop;
  1. Day: calendar day;
  2. GSP: Global Sports Proteam B.V., who provides Products to Customers at a distance;
  3. NN Runningteam: Running team, which is sponsored by Nationale Nederlanden and made up of middle-distance and long-distance runners;
  1. Product: NN Runningteam merchandise;
  2. Purchase Order: an agreement in which the Customer acquires Products and these goods are delivered by GSP or a third party on the basis of an arrangement between this third party and GSP;
  1. Standard form for withdrawal: the European standard form included in Appendix 1;
  2. Webshop: the online address, where Customers can purchase Product.

 

Article 2 – GSP’s identity

Name of GSP;

Global Sports Proteam B.V.

Snelliusstraat 10

6533 NV Nijmegen

BTW: NL856992793B01

Kvk: 67441963

Bankaccount: NL62 RABO 0314 6667 45

Article 3 – Applicability

  1. These General Terms and Conditions apply to the Webshop of GSP and to any Purchase Order concluded by GSP and the Customer.
  1. GSP shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, GSP shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested.  

 

Article 4 – User registration

  1. You may be required to register to use the Webshop. You agree to keep your password

confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

  1. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Webshop. You further agree to promptly update account and payment

information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

  1. We reserve the right, but not the obligation, to: (1) monitor the Webshop for violations of these

General terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these General terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) otherwise manage the Webshop in a manner designed to protect our rights and property and to facilitate the proper functioning of the Webshop.

  1. GSP shall comply with the GDPR, as stated in the Privacy Policy.

 

Article 5 - Products

  1. We make every effort to display as accurately as possible the colours, features, specifications,

and details of the Products available in our Webshop. However, we do not guarantee that the colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products.

  1. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason.
  1. Prices for all Products are subject to change.

 

Article 6 – Purchases and payment

  1. We accept the following forms of payment:
  • Visa
  • Mastercard
  • American Express
  • PayPal
  • iDEAL
  1. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in Euros.
  1. You agree to pay the prices then in effect for your purchases and any applicable shipping fees and/or any other taxes, duties and surcharges, and you authorise us to charge your chosen payment provider for any such amounts upon placing your Purchase Order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  1. We reserve the right to refuse any Purchase Order placed through the Webshop. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per Purchase Order. These restrictions may include Purchase Orders placed by or under the same customer account, the same payment method, and/or Purchase Orders that use the same billing or shipping address. We reserve the right to limit or prohibit Purchase Orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

 

Article 7 – Right of withdrawal

  1. The Customer can repudiate a Purchase Order for a Product without giving reasons for a period of reflection of 30 days. GSP may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
  1. The reflection period referred to in clause 7.1 starts on the day the Product is received by the Customer or by a third party appointed by him in advance and who is not the carrier, or
  1. if the Customer ordered several Products in the same Purchase Order: the day on which the Customer or a third party appointed by him received the last Product. GSP may refuse a Purchase Order of several Products with different delivery dates provided that he clearly informs the Customer prior to the order process.
  1. in case the delivery of a Product consists of several batches or parts: the day on which the Customer or a third party appointed by him received the last batch or the last part.
  1. in case of an Purchase Order about regular delivery of Products during a given period: the day on which the Customer or a third party appointed by him received the first Product.

Article 8 – Customer’s obligations during the time of reflection

  1. During this period, the Customer shall handle the Product and the packaging with care. The Customer shall only unpack or use the Product to the extent necessary for establishing the nature, the characteristics and the effect of the Product. The guiding principle is that the Customer may only handle and inspect the Product in the manner in which one is allowed to handle a Product in a shop.
  1. The Customer is only liable for the decrease in value of the Product that is caused by the way of handling the Product which went further than allowed in clause 8.1.
  1. The Customer is not liable for the decrease in value of the Product if GSP has not provided him with all information about the right of withdrawal before concluding the Purchase Order.

 

Article 9 – Exercising the Customer’s right of withdrawal and the costs

  1. If the Customer exercises his right of withdrawal he shall notify the GSP unambiguously with the standard form for withdrawal within the period of reflection.
  1. The Customer shall return the Product or deliver it to (the authorized representative of) GSP as soon as possible but within 30 days counting from the day following the notification referred to in clause 9.1. This need not be done if GSP offered to collect the Product. The Customer observed the period of returning the Product in any event if the Product is returned before the expiration of the period of reflection.
  1. The Customer shall return the Product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by GSP.
  1. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.
  1. The Customer shall bear the direct costs of returning the Product. If the GSP has not reported that the Customer has to bear these costs or if GSP pointed out that he will bear the costs himself, the Customer need not pay the cost of returning the Product.
  1. If the Customer exercises his right of withdrawal, all Purchase Orders end by operation of law.

 

Article 10 – GSP’s obligations in case of withdrawal

  1. If GSP makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  1. GSP shall reimburse all payments made by the Customer, being the price of the Product, but excluding any delivery costs that the Customer may charge for the returned Product, as soon as possible but within 30 days following the day on which the Customer notified him of the withdrawal. Unless GSP offers to collect the Product himself, he can wait with paying back until having received the Product or until the Customer proved that he returned the Product, whichever occurs first.
  1. GSP shall make use of the same means of payment that the Customer used, unless the Customer consents to another method. The reimbursement is free of charge for the Customer.

   

Article 11 – Delivery and execution

  1. GSP shall exercise the best possible care when booking Purchase Orders and executing Purchase Orders.
  1. The place of delivery is at the address given by the Customer to the GSP.
  2. GSP shall execute accepted Purchase Orders with convenient speed but at least within 30 days,

unless another delivery period was agreed on. If the delivery has been delayed, or if a Purchase Order cannot be filled or can be filled only partially, the Customer shall be informed about this within one month after ordering. In such cases, the Customer is entitled to repudiate the Purchase Order free of charge.

  1. After repudiation in conformity with the preceding paragraph, the GSP shall return the payment made by the Customer promptly but at least within 30 days after repudiation.
  1. The risk of loss and/or damage to Products will be borne by GSP until the time of delivery to the Customer or a representative appointed in advance and made known to the Customer, unless explicitly agreed otherwise.  

 

Article 12 – Term and termination

  1. These General terms and conditions shall remain in full force and effect while you use the Webshop. Without limiting any other provision of these general terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Webshop (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these general terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Webshop or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
  1. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  1. We reserve the right to change, modify, or remove the contents of the Webshop at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Webshop. We also reserve the right to modify or discontinue all or part of the Webshop without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Webshop.
  1. We cannot guarantee the Webshop will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Webshop, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Webshop at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Webshop during any downtime or discontinuance of the Webshop. Nothing in these General terms and conditions will be construed to obligate us to maintain and support the Webshop or to supply any corrections, updates, or releases in connection therewith.

 

Article 13 - Complaints procedure

  1. GSP has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  1. Complaints about the execution of the Purchase Order must be submitted fully and clearly described to GSP within a reasonable time after the Customer has discovered the defects.
  1. Complaints submitted to GSP will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, GSP will respond within the period of 30 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.
  1. A complaint about a Product or the service of GSP can also be submitted via a complaints form on the Customer page of the website of Global Sports Proteam B.V.  (www. nnrunningteamwebshop.nl/customer/complaint/) The complaint will then be sent to GSP.
  1. The Webshop will not treat a dispute or discontinue the handling, if GSP has been granted a suspension of payment, it has been declared bankrupt or has actually ended its business activities or the Webshop has been suspended or canceled by GSP.
  1. A dispute will only be dealt with by GSP if the Customer has first submitted his complaint to GSP within a reasonable time.
  1. No later than twelve months after the dispute arises, the dispute must be submitted in writing to GSP.

 

Article 14 – Limitation of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or 1000. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

Article 15 - Disputes

  1. Only Dutch law applies to Purchase Orders between GSP and the Customer to which these general terms and conditions apply. Even if the Customer lives outside of the Netherlands.
  1. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the Customer and must be recorded in writing.

 

Article 17 - Modification of the general terms and conditions
Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner.

 

Appendix I: Standard form for withdrawal

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the Purchase Order)

 

  • To: [GSP’s name]

                         [GSP’s geographic address]

                         [GSP’s fax number, if available]

                         [GSP’s email address or electronic address]

  • I/We hereby inform you that I/we wish to revoke our Purchase Order on the sale of the following Products: [specification of the Product]*
  • Ordered on*/received on* [date of ordering the Webshop or receiving Products]*
  • [Customer’s name]
  • [Customer’s address]
  • [Customer’s signature] (only when this form is submitted on paper)

*) Delete and/or complete where appropriate.